Comment by izacus
6 hours ago
The more I look into it, the more I'm convinced that current state of IP law is the rot at the core of western worlds technological stagnation. The rise of monopolistic megacorps, lack of independent innovation and enshittifcation can pretty much be traced back to the wide free market violating reach of current IP law.
This article just highlights it and shows how China weaponized this weakness of the west and is successfuly using it to pull ahead.
Meanwhile our own innovative companies and individuals get ground into dust by the boot of patent lawyers wielded by megacorps.
It's telling that before the Patent system the solution was secretive guilds that jealously (sometimes lethally) guarded their secrets to avoid competition. This was obviously terrible since it greatly slowed down innovation.
I'm not sure what the correct solution is to this problem. We want to avoid anything that causes a return of the guild system, but at the same time we don't want small inventors steamrolled by large corporations.
That said, I think corporations should be much more limited in their Patent powers. In fact it's questionable how much value society gets out of large corporation patents. If another large corporation "steals" the idea and capitalizes on it first that is their own fault. The only people who profit are the lawyers.
(Repeating for umpteenth time:) I wish patent fees were exponential. Pay $10 the first year, $40 the second year, $160 the third year,.. $10,485,760 the tenth year, etc. The patent expires and goes to public domain the first year when the fee has not been not paid.
This way there'd be enough time to commercialize an invention for basically peanuts, so the small guy won't be dissuaded from doing so. OTOH holding on a patent for a very long time would only be possible if it brings gobs of money, end even so, only for a reasonably limited time, because on 15th year the fee would be $10,737,418,240.
This is an excellent idea. I would still limit the time though. Also inflation should be taken into account (maybe) not that in 10 years 10M dollars is a chocolate.
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This is actually a ... solid idea upon short consideration!
I like it! Thank you for posting it: I hadn't seen it before.
That still seems pretty easy to game by re-filing slight variations of the original patents
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I feel like patents are nowadays only used for things that would be easy to reverse-engineer or must be made public anyway. You can't recreate any modern technology by looking at patents, from semiconductor manufacturing to food processing.
So if patents have lost their original purpose, I don't see any value left in perpetuating the system.
I think relying on trade secrets for many things would actually be an improvement over what we have now.
You could still keep your recipe secret, but someone else could come up with something similar with no risk.
Not to mention that patents are so (intentionally) difficult to understand that even patented technology is basically trade secrets now anyway. And the useful designs are protected by NDAs.
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“ In fact it's questionable how much value society gets out of large corporation patents”
I think it’s overwhelmingly negative. They are killing innovation by small players and don’t produce much innovation compared to their size.
Was really so (specifically “lethal”? Do you have sources?
I know trade secret was much more important. Also the spirit of patents is to allow development by making all public.
But do they?! I’m tired of trying to extract useful information off patents, they are empty of content and full of BS is laywer language. Real important details are kept secret, as long as possible.
The current system is de facto not working properly. I’m not saying is the worst, or I have better ideas, but is clear that the system is being heavily abused in all corners.
It could be lethal if a guild member attempted to share secrets or sell methods to a competitive guild. An example:
"In 1754 the State Inquisitors of Venice learned that a worker at Daniele Miotti's factory had fled abroad with a copy of his master's books. Fearing that he would divulge secrets—especially in Bohemia, where there were important glass factories—they ordered his death."
Source: Zecchin, P., (2025) “Una condanna a morte di dubbia utilità: Sarebbe stato molto grave, per i vetrai muranesi, se il seicentesco ricettario Miotti fosse caduto nelle mani dei Boemi?”, Journal of Glass Studies 66: 7. doi: https://doi.org/10.3998/jgs.6939
Just how widespread it was for violent and lethal actions to be carried out in pursuit of maintaining guild secrecy, the evidence is murky.
> Was really so (specifically “lethal”? Do you have sources?
Pretty famous example: https://en.wikipedia.org/wiki/Venetian_glass#Island_of_Muran...
> Glassmakers were not allowed to leave the island without permission from the government. Leaving without permission, or revealing trade secrets, was punishable by death
Though importantly this was enforced by state.
> it's questionable how much value society gets out of large corporations
ftfy
It ain't just patents
I mean, with limiting the allowed use of force to guard secrets, we are probably nowhere near as at risk for the worst of the past? As you said, the competition to guard secrets could be quite severe, and they were not exactly good at knowing actual leaks of their secrets versus someone else independently arriving at them.
That is, I think having the assumption of independent discovery would go a long way to preventing abuse.
I could see some hazard that small shops can't protect their secrets from partner manufacturers and such. But that is exactly where we are with a lot of stuff today?
Ah yes, if only murder had been illegal back then! Yes, making murder illegal must have been what was missing.
Sorry, but your argument has a bit of a silly premise.
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>It's telling that before the Patent system the solution was secretive guilds that jealously (sometimes lethally) guarded their secrets to avoid competition. This was obviously terrible since it greatly slowed down innovation.
Nowadays HFT technology is extremely competitive, with firms investing tens of millions in custom harder to achieve nanosecond latency improvements, but all this has happened entirely without patents. As an industry HFT is way less monopolised than tech, suggesting trade secrets alone are enough to achieve growth and competition.
I don't think I would use HFT as a stand-in for companies that produce useful goods or services.
>Meanwhile our own innvative companies and individuals get ground into dust by the boot of patent lawyers wielded by megacorps.
So they sell a large part of their company to capital who can afford to acquire and defend IP. In this happy case they are only ground into 90% dust.
Yeah, people complain about AI companies "stealing" IP, but it's becoming accepted, both by judges and the US president [1].
I'm not sure weakening of IP law is such a bad thing after all. Let's just hope the weakening trickles down from AI juggernauts to smaller fish.
[1] https://torrentfreak.com/president-trump-its-not-doable-for-...